PRAYAGRAJ (Thursday, March 26, 2026) — The Allahabad High Court has initiated a stern inquiry into the conduct of the Bareilly Police after discovering a critical discrepancy in a criminal case. The court noted with “serious concern” that while a victim’s written complaint explicitly detailed an act of rape, the resulting First Information Report (FIR) omitted all relevant legal sections related to sexual assault.
The Judicial Intervention
Justice Tej Pratap Tiwari, presiding over the matter, characterized the omission as a grave administrative failure that undermines the survivor’s right to justice.
- The Discrepancy: The petitioner approached the court alleging that despite her detailed statement regarding rape, the police only registered a case under minor sections of the Bharatiya Nyaya Sanhita (BNS) (formerly IPC), effectively “diluting” the severity of the crime.
- Top Officials Summoned: The High Court has demanded an explanation from the highest levels of the state administration:
- Director General of Police (DGP), Uttar Pradesh
- Principal Secretary (Home), UP Government
- Senior Superintendent of Police (SSP), Bareilly
Directives for Accountability
The court has mandated a transparent “corrective” process to ensure such lapses do not recur in other districts:
| Directive | Requirement |
| Explanation Report | Officials must explain why rape sections were not invoked despite the written complaint. |
| Correction of FIR | Immediate review and addition of relevant sections (e.g., Section 64 of BNS) based on the victim’s statement. |
| State-Wide Advisory | The DGP is expected to issue a circular ensuring that FIRs accurately reflect the contents of the Tehrir (written complaint). |
| Compliance Deadline | A detailed report must be filed before the court by the next date of hearing. |
[Image: Legal diagram showing the transition from “Written Complaint” to “FIR” and the mandatory inclusion of all alleged offenses]
Legal Context: Mandatory Registration of FIR
This ruling reinforces the landmark Supreme Court judgment in Lalita Kumari v. Govt. of U.P., which holds that:
- Registration of an FIR is mandatory under Section 154 of the CrPC (now Section 173 of BNSS) if the information discloses the commission of a cognizable offense.
- Police officers do not have the discretion to “filter” or “ignore” specific allegations mentioned in the victim’s primary complaint.
Sources
- Live Law: “Allahabad High Court Seeks Explanation From UP DGP Over Omission Of Rape Sections In FIR” (March 26, 2026).
- Bar and Bench: “Allahabad HC pulls up Bareilly Police for not reflecting rape allegations in FIR; summons top officials” (March 26, 2026).
- Press Trust of India (PTI): “Noting rape allegation in complaint not reflected in FIR, Allahabad HC asks top officials to explain” (March 26, 2026).
- Official Court Order: [Victim Name Redacted] v. State of U.P. & Ors. (Allahabad High Court, March 2026).
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